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TX federal court rejects hospital employees' challenge to COVID-19 vaccine mandate

July 2021 employment law letter
Authors: 
Susan W. Kline, Faegre Drinker

A Texas federal district court recently ordered the dismissal of a lawsuit filed by more than 100 Houston Methodist Hospital employees who claimed they were unlawfully subjected to a COVID-19 vaccination policy as a condition of continued employment. Although their counsel has said they plan to appeal the decision, the order provides helpful precedent for other private employers that have imposed (or are considering) similar vaccination mandates, and it may discourage other employee groups from filing suit.

Facts

Houston Methodist implemented a phased-in immunization requirement on April 1, 2021. The latest deadline for all employees to be vaccinated was June 7, 2021. Those not in compliance faced discharge if still not vaccinated after a two-week suspension.

Employees could fulfill the requirement by receiving (through the hospital or from a third-party provider) any of the three vaccine types that have received Food and Drug Administration (FDA) emergency use authorization (EUA). Alternatively, they could request an exemption based on a medical condition (including pregnancy) or sincerely held religious beliefs, although the lawsuit claimed the hospital arbitrarily denied those kinds of requests.

The employees' lawsuit claimed:

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